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| | | (b) | treatment as a non-resident at such institution or place, and at such |
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| | | intervals, as may be so specified, |
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| | | | but the order must not otherwise specify the nature of the treatment. |
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| | | (4) | A court may not include an intoxicating substance treatment requirement in a |
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| | | youth rehabilitation order unless— |
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| | | (a) | the court is satisfied that arrangements have been or can be made for |
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| | | the treatment intended to be specified in the order (including, where |
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| | | the offender is to be required to submit to treatment as a resident, |
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| | | arrangements for the reception of the offender), |
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| | | (b) | the requirement has been recommended to the court as suitable for the |
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| | | offender by a member of a youth offending team or by an officer of a |
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| | | local probation board, and |
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| | | (c) | the offender has expressed willingness to comply with the |
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| | | (5) | In this paragraph “intoxicating substance” means— |
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| | | (b) | any other substance or product other than a drug which is, or the fumes |
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| | | of which are, capable of being inhaled or otherwise used for the |
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| | | purpose of causing intoxication. |
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| | | (6) | In sub-paragraph (5)(b) “drug” means a controlled drug as defined by section |
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| | | 2 of the Misuse of Drugs Act 1971 (c. 38).’. |
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| | Page 141, line 28 [Schedule 1], at end insert— |
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| | ‘An intoxicating substance |
| The person specified under paragraph 23A(1).’. |
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| | Page 142 [Schedule 1], leave out lines 9 to 19. |
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| | Page 143, line 18 [Schedule 2], leave out paragraphs 3 and 4. |
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| | Page 144 [Schedule 2], leave out lines 27 to 30 and insert ‘before the appropriate |
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| | Page 144, line 40 [Schedule 2], leave out from beginning to end of line 3 on page |
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| | | ‘(4A) | Where the offender does not appear in answer to a summons issued under this |
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| | | paragraph, the appropriate court may issue a warrant for his arrest.’. |
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| | Page 145, line 5 [Schedule 2], at end insert— |
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| | | ‘(za) | a youth rehabilitation order is still in force, and’. |
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| | Page 145, line 12 [Schedule 2], leave out from ‘ways’ to end of line 13. |
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| | Page 145 [Schedule 2], leave out lines 23 to 26 and insert— |
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| | | ‘(ba) | if the youth rehabilitation order was made by a magistrates’ court, by |
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| | | dealing with the offender, for the offence in respect of which the order |
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| | | was made, in any way in which the court could have dealt with the |
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| | | offender for that offence (had the offender been before the court to be |
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| | | (bb) | if the youth rehabilitation order was made in the Crown Court, by |
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| | | committing the young offender in custody or releasing him on bail |
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| | | until he can be brought before, or appear before, the Crown Court.’. |
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| | Page 145, line 26 [Schedule 2], at end insert— |
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| | | ‘(d) | by placing the offender in custody for a period not exceeding 3 months.’. |
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| | Page 145, line 26 [Schedule 2], at end insert— |
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| | | ‘(2A) | Where the court deals with the offender under the previous subparagraph, it |
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| | | must send to the Crown Court— |
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| | | (a) | a certificate signed by a justice of the peace certifying that the offender |
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| | | has failed to comply with the youth rehabilitation order in the respect |
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| | | certified, and such other particulars as may be desirable; and |
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| | | (b) | such a certificate purporting to be so signed is admissible as evidence |
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| | | of the failure before the Crown Court.’. |
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| | Page 146, line 21 [Schedule 2], leave out from beginning to end of line 2 on page |
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| | Page 147, line 4 [Schedule 2], leave out paragraph 7. |
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| | Page 147, line 23 [Schedule 2], at end insert— |
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| | | ‘(za) | a youth rehabilitation order is still in force, and’. |
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| | Page 147 [Schedule 2], leave out line 26 and insert ‘paragraph 6, and’. |
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| | Page 147, line 30 [Schedule 2], leave out from ‘ways’ to end of line 31. |
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| | Page 148, line 32 [Schedule 2], leave out from beginning to end of line 10 on page |
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| | Page 205, line 12 [Schedule 9], leave out ‘or premises in Scotland’. |
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| | Page 205, line 20 [Schedule 9], leave out ‘or in Scotland’. |
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| | Page 205, line 24 [Schedule 9], leave out ‘or premises in Scotland’. |
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| | Page 205, line 28 [Schedule 9], leave out ‘or in Scotland’. |
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| | Page 213, line 19 [Schedule 16], leave out ‘offenders aged 16 or 17’ and insert |
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| | ‘children or young persons aged under 18 years’. |
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| | Page 213 [Schedule 16], leave out line 33. |
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| | Page 214, line 22 [Schedule 16], leave out ‘16’ and insert ‘under 17’. |
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| | Page 218, line 10 [Schedule 16], leave out ‘16 or 17’ and insert ‘under 18 years’. |
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| | Page 234, line 4 [Schedule 22], at end insert— |
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| | | ‘(2A) | After subsection (1) insert— |
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| | | “(1A) | An action under subsection (1) may include any action intending to |
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| | | equate sexual orientation with a propensity or intention to commit |
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| | | an imprisonable offence, where such action is threatening and |
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| | | intended to incite hatred on the grounds of sexual orientation.”’. |
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| | | Negatived on division 231 |
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| | Page 234, line 4 [Schedule 22], at end insert— |
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| | | ‘(2A) | After subsection (1) insert— |
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| | | “(1A) | When considering whether to consent to a prosecution under subsection |
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| | | (1) the Attorney General must have particular regard to the importance of |
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| | | the right to freedom of expression provided by the European Convention |
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| | Page 234, line 26 [Schedule 22], at end insert— |
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| | | ‘13A | After section 29J insert— |
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| | | “29JA | Protection of freedom of expression (sexual orientation) |
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| | | Nothing in this Part shall be read or given effect in a way which |
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| | | prohibits or restricts discussion of, criticism of or expressions of |
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| | | antipathy towards, conduct relating to a particular sexual orientation, |
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| | | or urging persons of a particular sexual orientation to refrain from or |
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| | | modify conduct related to that orientation.”.’. |
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| | Page 234, line 26 [Schedule 22], at end insert— |
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| | | ‘13A | After subsection 29I insert— |
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| | | “29IA | European Convention on Human Rights |
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| | | Unless expressly limited by any provision within this Part, no right |
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| | | under Article 10 of the European Convention on Human Rights shall |
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| | Page 242, line 20 [Schedule 23], leave out ‘, the Isle of Man’. |
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| | Page 245, line 8 [Schedule 24], after ‘person’ insert ‘required to pay the financial |
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| | Page 245, line 22 [Schedule 25], leave out ‘offender’ and insert ‘liable person’. |
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| | Page 245, line 25 [Schedule 25], leave out ‘offender’ and insert ‘liable person’. |
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| | Page 246, line 3 [Schedule 25], leave out from ‘conduct’ to end of line 4 and insert |
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| | ‘by a person who was under the age of 10 when the conduct took place.’. |
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| | Page 246, line 7 [Schedule 25], leave out ‘offender’ and insert ‘liable person’. |
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| | Page 246, line 11 [Schedule 25], leave out first ‘offender’ and insert ‘liable |
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| | Page 246, line 11 [Schedule 25], leave out second ‘offender’ and insert ‘liable |
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| | Page 246, line 14 [Schedule 25], leave out sub-paragraph (2) and insert— |
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| | | ‘(2) | For the purposes of sub-paragraph (1), if the amount of a financial penalty is |
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| | | specified in a currency other than the euro, that amount must be converted to |
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| | | euros by reference to the London closing exchange rate on the date the decision |
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| | Page 246, line 19 [Schedule 25], leave out ‘sub-paragraphs (1) and (2)’ and insert |
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| | Page 247, line 33 [Schedule 25], at end insert— |
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| | | ‘( ) | “conduct” includes any act or omission;’. |
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| | Page 247, line 36 [Schedule 25], leave out paragraph (b) and insert— |
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| | | ‘(b) | “liable person” means the person required to pay the financial penalty to |
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| | | which the certificate relates.’. |
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|
